HomeMy WebLinkAboutNelson Outdoors, LLC - Landscape Maintenance Services Contract 2022 09 01 CITY OF WINTER SPRINGS
LANDSCAPE MAINTENANCE SERVICES CONTRACT
THIS LANDSCAPE MAINTENANCE SERVICES CONTRACT("Contract") is made this
�- day ofSCp.).e w6r_r, 2022 ("Effective Date"), by and between the CITY OF WINTER
SPRINGS,FLORIDA, a Florida municipal corporation, whose address is 1126 East State Road 434,
Winter Springs, Florida 32708 ("City")and NELSON OUTDOORS,LLC a Florida Limited Liability
Company, whose principal address is 5403 Foliage Way,Apopka, FL 32712 ("Contractor").
WHEREAS, the City wishes to obtain Landscape Maintenance Services on an annual basis; and
WHEREAS, Contractor is willing to provide Landscape Maintenance Services under the terms
and conditions stated herein; and
WHEREAS, the City and Contractor desire to set forth their mutual understanding of terms and
conditions of their agreement as set forth herein; and
IN CONSIDERATION of the mutual promises and understanding contained in this contract,
The City and Contractor hereby agree as follows:
l. DESCRIPTION OF SERVICES TO BE PROVIDED: In consideration of the compensation
received under this contract,the Contractor will provide the landscape maintenance services for
the following services areas(SA); SA-1 Cross Seminole Trail(within city limits). SA-2
Tuskawilla Lighting and Beautification District, Oak First Assessment District and Tuskawilla
Road (South of State Road(SR)434). SA-3 Blumberg Boulevard,North Tuskawilla Road(North
of SR 434) and Market Square. These service areas will be maintained as outlined in RFP 06-22
KM—Landscape Maintenance Services, incorporated herein by this reference, and as described
in Appendix A—Landscape Maintenance Services Scope of Work.
2. PERIOD OF PERFORMANCE: The period of performance under this Contract shall be from
September 1, 2022 through August 30, 2023, unless sooner terminated or extended as provided
herein.
a. The City reserves the right to extend this contract for one (1)year, or portions thereof.
Such contract extensions shall be subject to mutual agreement and upon the same terms
and conditions as stated herein, except that the Contractor may request a price adjustment
no later than 60 days prior to the termination of the initial period of performance
consistent with the latest yearly percentage increase in the All Urban Consumers Price
Index(CPI-U) published by the Bureau of Labor Statistics, U.S. Department of Labor,
(U.S. City Average; All items, not seasonally adjusted, 1982-1984=100 reference base),
not to exceed three percent(3%), which shall be memorialized in writing and executed by
both parties hereto.
b. The Contractor shall respond in writing within fifteen(15)calendar days following
receipt of the City request for extension.
3. COMPENSATION:
a. Amount: In exchange for the services provided pursuant to Section I of this contract,the
City shall pay the Contractor the yearly base maintenance amounts as followed:
i. Service Area 1: Cross Seminole Trail(within city limits): Thirty-Six Thousand
Dollars($36,000)
City of Winter Springs Landscape Maintenance Services Contract 1 of 18
ii. Service Area 2: SA-2 Tuskawilla Lighting and Beautification District, Oak
Forest Assessment District and Tuskawilla Road(South of State Road(SR)434):
One Hundred and Twenty One Thousand, Two Hundred Dollars($121,200).
iii. Service Area 3: Blumberg Boulevard,North Tuskawilla Road (North of SR 434)
and Market Square: Forty-One Thousand, Seven Hundred Dollars ($41,700).
iv. This will be the total compensation paid to the Contractor except for payments, if
any made under subparagraphs 3.b.
b. Additional Services: The City may request the Contractor to provide additional services
pursuant to those listed in RFP 06-22 KM - Landscape Maintenance Services and as
listed in Appendix B: Proposal Form: Proposed Cost.
4. PAYMENTS: Payments shall be made upon receipt of monthly invoices submitted by the
Contractor. Full payment to the Contractor will be made only after work is satisfactorily
performed. Payments will be considered timely if made by the City in accordance with the Local
Government Prompt Payment Act.
5. RIGHTS AND OBLIGATIONS: All rights and obligations of the parties to this contract will be
subject to and governed by the terms of this contract, RFP 06-22 KM—Landscape Maintenance
Services, Appendix A: Landscape Maintenance and Services Scope of Work and Appendix B:
Proposal Form: Proposed Cost as referenced and here by incorporated into this contract.
a. In the event of an inconsistency in this contract, unless otherwise provided herein,the
inconsistency shall be resolved by giving precedence in the following order: (a)terms of
this contract); (b)Appendix A: Landscape Maintenance and Services Scope of Work;
and(c) RFP 06-22 KM—Landscape Maintenance Services.
6. SCHEDULE: Contractor shall perform services in conformance with the schedule reasonably
established by the City of Winter Springs Landscape Manager("City Project Manager")and set
forth in RFP 06-22 KM Landscape Maintenance Service and as listed in Appendix A: Landscape
Maintenance and Services Scope of Work.
a. No extension for completion of services shall be granted to the Service Provider without
City's prior written consent.
7. AUDIT AND INSPECTIONS: All Contractor records with respect to any matters covered by
this Contract shall be made available to the City, at any time during normal business hours, as
often as the City deems necessary,to audit, examine and make excepts or transcripts of all
relevant data. Any deficiencies noted in audit reports must be fully cleared by the Contractor
within seven (7) days after receipt by the Contract. Failure of the Contractor to comply with the
above audit requirements will constitute a material breach of this Agreement and may result, at
the sole discretion of the City, in the withholding of payment for services provided under this
contract.
8. SUBMITTAL OF PROGRESS REPORTS: Contractor shall submit a monthly written progress
report as to the status of all work set forth in this Contract. The report shall, in sufficient manner,
demonstrate that any funds expended were used to provide the agreed-upon scope of work. If the
detail is not sufficient the City Project Manager's reasonable discretion to permit the City to
determine the work performed or the manner in which it is being performed the City may seek
more detail from the Contractor. Progress reports shall be submitted with the invoice for monthly
maintenance services.
9. PROGRESS MEETINGS: City Project Manager may hold periodic progress meetings on a
monthly basis, or more frequently if required by the City, during the term of work entered into
under this Contract. Contractor's Project Manager and all other appropriate personnel shall attend
such meetings as designated by the City Project Manager.
City of Winter Springs Landscape Maintenance Services Contract 2 of 18
a. The Contractor may be required to attend District Board or City Commission meetings
held at the City of Winter Springs, City Hall Commission Chambers.
10. GENERAL TERMS AND CONDITIONS
a. ADVANCE PAYMENTS PROHIBITED: No payment in advance or in anticipation of
services to be provided under this contract shall be made by the City.
b. ASSIGNMENT: The Contractor shall neither assign this Contract nor any claim arising
under this contract without the previous written consent of the City.
c. CHANGES AND MODIFICATIONS: Any change or modification to this contract
must be in writing and signed by both parties.
d. CONTRACTOR NOT EMPLOYEE OF THE CITY: The Contractor and his or her
employees or agents performing under this contract are not employees or agents of the
City/The Contractor will not hold himself/herself out as nor claim to be an officer or
employee of the City by reason of this contract.
e. FAILURE TO PERFORM/BREACH OF CONTRACT: In the event non-
performance or unsatisfactory performance by the Contractor of any obligation of this
Contract or the Contractor is in substantial non-compliance with any of its terms, the City
may terminate this Contract under the TERMINATION FOR CAUSE clause.
PROVIDED, that the City shall provide written notice to the Contractor of said non-
performance or unsatisfactory performance or substantial non-compliance. PROVIDED
FURTHER, the Contractor shall have five (5) days after such notice to cure said failure
or non-compliance.
f. GOVERNING LAW: This contract shall be construed and interpreted in accordance
with the laws of the State of Florida. The venue of any action brought hereunder shall be
in the Superior Court of the State of Florida for Seminole County.
g. INDEMNIFICATION: The Contractor shall protect, indemnify, and save the City
harmless from and against any damage, cost or liability including reasonable attorney
fees, for injuries and persons or property arising from acts or omissions of Contractor, his
employees, agents or subcontractors, howsoever caused. The Contractor will be
responsible for any damages sustained by his employees to City equipment and/or
fixtures and shall provide all repairs/replacements, as appropriate at no cost to the City.
For purposes of this indemnification only, Contractor shall indemnify the City for claims
made by the employees of Contractor, and Contractor hereby waives its entitlement, if
any,to immunity under Section 440.11, Florida Statutes. This waiver has been
specifically and mutually negotiated by the parties.
h. INDEPENDENT STATUS OF CONTRACTOR: The parties to this contract, in the
performance of it, will be acting in their individual capacities and not as agents,
employees, partners,joint ventures, or associates of one another. The employees or
agents of one party shall not be considered or construed to be the employees or agents of
the other party for any purpose whatsoever.
i. LICENSING,ACCREDITATION AND REGISTRATION: The Contractor shall
comply with all applicable local, state and federal licensing, accreditation, and
registration requirements/standards, necessary for the performance of this contract.
j. NONDISCRIMINATION: During the performance of this contract,the Contractor shall
comply with all federal and state nondiscrimination laws, regulations and policies in the
administration of this contract.
k. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS: In the event of the
Contractors noncompliance or refusal to comply with any nondiscrimination law,
City of Winter Springs Landscape Maintenance Services Contract 3 of 18
regulation or policy in the administration of this contract,this contract may be rescinded,
canceled or terminated in whole or in part, and the Contractor may be declared ineligible
for further contracts with the City. The Contractor shall,however be given a reasonable
time in which to cure such noncompliance.
1. PUBLIC RECORDS: Pursuant to Section 119.0701, Florida Statutes and other
applicable public records law, the Contractor agrees that any records, documents,
transactions, writing, papers, letters, computerized information and programs, maps,
books, audio or video tapes, films, photographs, data processing software, writing or
other material(s), regardless of the physical form, characteristics, or means of
transmission, of the Contractor related directly or indirectly, to the services provided to
the City under this Contract and made or received pursuant to law or ordinance or in
connection with the transaction of official business by the City, may be deemed to be a
public record,whether in the possession or control of the City or the Contractor. Said
records,documents,transactions, writings, papers, letters, computerized information and
programs, maps books, audio or video tapes, films, photographs, data processing
software, writings or other material(s), regardless of the physical forms, characteristics,
or means of transmission of the Contractor are subject to provisions of Chapter 119,
Florida Statutes, and may not be destroyed without the specific written approval of the
City's designated custodian of public records.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES,TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT
CUSTODIAN OF PUBLIC RECORDS, THE CITY CLERIC, AT
CITYCLERKDEPARTMENT a,WINTERSPRINGSFL.ORG
The Contractor is required to and agrees to comply with public records laws. The
Contractor shall keep and maintain all public records required by the City to perform the
services agreed to herein. The Contractor shall provide the City, upon request from the
City Clerk, copies of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided by law. The
Contractor shall ensure that public records that are exempt or confidential and are exempt
from public records disclosure requirements are not disclosed except as authorized by law
for the duration of the Contractor term. Upon completion of the Contract, the Contractor
shall transfer to the City, at no cost, all public records in possession of the Contractor,
provided the transfer is requested in writing by the City Clerk. Upon such transfer, the
Contractor shall destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. However, if the City Clerk does not
request that the public records be transferred,the Contractor shall continue to keep and
maintain the public records upon completion of the Contract and shall meet all applicable
requirements for retaining public records. All records stored electronically must be
provided to the City, upon request from the City Clerk, in a format that is comparable
with the information technology systems of the City. Should the City not possess public
records relating to this Contract which are requested to be inspected or copied by the City
or any other person,the City shall immediately notify the Contractor of the request and
the Contractor shall then provide such records to the City or allow the records to be
inspected or copied within a reasonable time. If the Contractor does not comply with a
public records request,the City may enforce this Section to the extent permitted by law.
City of Winter Springs Landscape Maintenance Services Contract 4 of 18
The Contractor acknowledges that if the Contractor does not provide the public records to
the City within a reasonable time, the Contractor may be subject to penalties under
Section 119.10,Florida Statutes. The compel production of public records relating to this
Contract,the court may assess and award against the Contractor the reasonable costs of
enforcement, including reasonable attorney fees. All public records in connection with
this Contract shall, at any and all reasonable time during the normal business hours of the
Contractor, be open and freely exhibited to the City for the purpose of examination, audit
or otherwise. Failure by the Contractor to grant such public access and company with
public records laws and/or requests shall be grounds for immediate unilateral cancellation
of this Contract by the City upon delivery of a written notice of cancellation. If the
Contractor fails to comply with this Section, and the City must enforce this Section, or
the City suffers a third party award of attorney's fees and/or damages for violating
Chapter 119, Florida Statutes, due to the Contractor's failure to company with this
Section,the City shall collect from the Contractor prevailing party attorney's fees and
costs and any damaged incurred by the City, for enforcing this Section against the
Contractor. And, if applicable, the City shall also be entitled to reimbursement of all
attorneys' fees and damages which the City had to pay a third party because of the
Contractor's failure to comply with this Section. The terms and conditions set form in
this Section shall survive the termination of this Contract.
m. REGISTRATION WITH DEPARTMENT OF REVENUE: The Contractor shall
complete registration with the State of Florida Department of Revenue and be responsible
for payment of all taxes due on payments made under this contract.
n. SAFEGUARDING OF INFORMATION: The use or disclosure by the Contractor of
any information obtained as a result of performance under this contract concerning the
City for any purpose not directly connected with the administration of the City or the
Contractor's responsibilities with respect to services provided under this contract is
prohibited except by written consent of the City.
o. SEVERABILITY: If any provision of this contract or any provision of any document
incorporated by reference shall be held invalid, such invalidity shall not affect other
provisions of this contract which can be given effect without the invalid provision, and to
this end the provisions of this contract delated severable.
p. SUBCONTRACTING: The Contractor shall not enter into subcontracts for any of the
work contemplated under this contract without obtaining prior written approval from the
City.
q. TERMINATION—GENERAL: This contract may be terminated without cause by
either the City or the Contractor upon thirty(30) days written notice.
r. TERMINATION—FOR CAUSE: The City may, by written notice, terminate this
contract for cause, in whole or in part, for failure of the Contractor to perform its
obligations under this contract, subject to the provisions above. In such event,the
Contractor shall be liable for damages as authorized by law.
s. TERMINATION PROCEDURE: After receipt of notice of termination, and except as
otherwise directed by the City,the Contractor shall:
i. Stop work under this contract on the date and to the extent specified in the notice.
ii. Place no further order for materials, services or facilities except as may be
necessary for completion of such portion of this contract as is not terminated
City of Winter Springs Landscape Maintenance Services Contract 5 of 18
iii. Complete performance of any party of this contract as shall not have been
terminated by the City.
iv. Take action as may be necessary, or as the City may direct, for the protection and
preservation of property of the City which is in the possession of the Contractor.
Unless otherwise provided in this contract,the City shall pay to the Contractor the agreed
upon price for services provided to the City prior to the effective date of termination,
unless the termination is for cause, in which case the City shall determine the extent of
liability. The City may withhold from any amounts due the Contractor for services such a
sum as the City determines to be necessary to protect the City against potential loss or
liability or for lack of performance. The rights and remedies of the City provided in this
clause shall not be exclusive and are in addition to any other rights and remedies
provided by law or under this contract.
t. TREATMENT OF ASSETS:
i. Title to all property furnished by the City shall remain in the City.
ii. Title to all property furnished by the Contractor shall remain in the Contractor.
iii. Any property of the City furnished to the Contractor shall, unless otherwise
provided herein, be used only for the performance of this Contract during the
period the Contract is in force.
iv. The Contractor shall be responsible for any loss or damage to property of the
City (including all related expenses)which results from negligence of the
Contractor.
v. Upon the loss of destruction of, or damage to, any City property the Contractor
shall notify the City thereof and shall take reasonable steps to protect the
property from further damage.
vi. The Contractor shall surrender to the City all property of the City prior to
settlement upon completion, termination or cancellation of this contract.
u. WAIVER: Waiver of any breach of any provision of this contract shall not be considered
a waiver of any other subsequent breach and shall not be construed to be modification of
the terms of the contract unless stated to be such in writing, signed by the Contracting
Officer or her delegate and attached to the original contract.
v. E-VERIFY: Pursuant to section 448.095, Florida Statutes, beginning January 1, 2021,
Contractor shall register with and use the U.S. Department of Homeland Security's E-
Verify system, https:He-verify.useis.gov/emp,to verify the work authorization status of
all employees hired on and after January 1, 2021.
B. Subcontractors
0) Contractor shall also require all subcontractors performing work under this
Agreement to use the E-Verify system for any employees they may hire during the term
of this Agreement.
(ii) Contractor shall obtain from all such subcontractors an affidavit stating the
subcontractor does not employ, contract with, or subcontract with an unauthorized alien,
as defined in section 448.095, Florida Statutes.
(iii) Contractor shall provide a copy of all subcontractor affidavits to the City upon
receipt and shall maintain a copy for the duration of the Agreement.
City of Winter Springs Landscape Maintenance Services Contract 6 of 18
C. Contractor must provide evidence of compliance with section 448.095,Florida
Statutes. Evidence shall consist of an affidavit from the Contractor stating all employees
hired on and after January 1,2021 have had their work authorization status verified
through the E-Verify system and a copy of their proof of registration in the E-Verify
system.
D. Failure to comply with this provision is a material breach of the Agreement,and
shall result in the immediate termination of the Agreement without penalty to the City.
Contractor shall be liable for all costs incurred by the City securing a replacement
Agreement, including but not limited to, any increased costs for the same services, any
costs due to delay, and rebidding costs, if applicable.
w. SOVEREIGN IMMUNITY: Notwithstanding any other provision set forth in this
Agreement to the contrary,the City intends to avail itself of the benefits of Section
768.28, Florida Statutes and any other statutes and common law governing sovereign
immunity to the fullest extent possible. Neither this provision nor any other provision of
this Agreement shall be construed as a waiver of the City's right to sovereign immunity
under Section 768.28,Florida Statutes,or other limitations imposed on the City's
potential liability under state or federal law. Contractor agrees that City shall not be
liable under this Agreement for punitive damages or interest for the period before
judgment. Further, City shall not be liable for any claim or judgment, or portion thereof,
to any one person for over two hundred thousand dollars($200,000.00), or any claim or
judgment, or portion thereof,which,when totaled with all other claims or judgments paid
by the State or its agencies and subdivisions arising out of the same incident or
occurrence, exceeds three hundred thousand dollars($300,000.00). Nothing in this
Agreement is intended to inure to the benefit of any third party for the purpose of
allowing any claim which would otherwise be barred under the doctrine of sovereign
immunity or by operation of law. This paragraph shall survive termination of this
Agreement.
x. INSURANCE: Contractor shall carry the insurance required in RFP 06-22 KM—
Landscape Maintenance Services.
AGREED:
THE CITY OF WINTER SPRINGS Nelson Outdoors, LLC
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City of Winter Springs Landscape Maintenance Services Contract 7 of 18
Exhibit A:
RFP 06-22 KM Landscape Maintenance Services—Scope of Work
1. Definitions
The definitions below describe the City's expectation for maintenance. These definitions are applicable
to all service areas; unless the service area description states otherwise. Unless otherwise noted; costs for
all services listed shall be considered part of the monthly maintenance and shall be included in the cost
for monthly maintenance at each site.
A. Mowing/Turf Care
i. Mowing of all grassed areas shall be no less than once every seven (7) days in the heavy
growing season and shall be no less than bi-weekly, or as instructed by the City's
Representative, during the dormant growing season. Growing seasons are dictated by the
weather and therefore may change per the City's Representative, but otherwise shall be:
i. Heavy Growing Season - March 15 through October 15
ii. Dormant Growing Season - October 16 through March 14
ii. Prior to mowing and trimming any turf and bed areas; paper, bottles, cans and all other
debris (as well as misplaced dirt or sand) must be removed from areas immediately
bordering site (ex: sidewalks and curb lines) and actual site locations. Areas are to look
clean and neat and free of debris at all times.
iii. At no time shall more than one-third (1/3) of the leaf surface be removed in one mowing
in any turf area unless specifically authorized in writing by the City of Winter Springs.
iv. Turf care activities shall be scheduled during the normal work week(M-F 7:30am to Dusk
unless directed otherwise)as a general rule and to allow for access to water plant facilities.
Should field conditions occur that require a modification to the normal service schedule,
Contractor must give the City 24 hours' notice and receive approval prior to a service
schedule modification.
B. Specific Turf Care
i. St. Augustine
i. Shall be in accordance with the University of Florida Cooperative Extension
Services Calendar for St. Augustine sod care, culture, and good horticultural
practice as shown in Publication ENH 5. St. Augustine grassed areas will be
mowed to a height of 4.5" inches on average, depending upon established grass
needs, by finish mower or a groom mower.
ii. Bahia Grass
i. Shall be in accordance with the University of Florida Cooperative Extension
Services Calendar for Bahia Grass sod care,culture,and good horticultural practice
as shown in Publication ENH 6. Bahia grassed areas will be mowed to a height of
3" inches on average, depending upon established grass needs, by finish mower or C
a groom mower.
C. Cutting of Native Grasses
i. Contractor is to cut Native Grasses to no more than 50% of their length.
ii. Contractor is to cut native grasses in late winter to early spring;just prior to new shoot
growth.
City of Winter Springs Landscape Maintenance Services Contract 8 of 18
D. Remove Grass Clippings and debris
i. All debris(grass clippings)created by the mowing process is to be removed by mechanical
means from all adjacent and contiguous surfaces following all landscaping activities.
ii. Any clipping, trimming debris will be removed from site as work is completed, or at the
end of each day that work is performed. Lawn clippings may be left on the turf areas so
long as no readily visible clumps remain on the grass surface after mowing. Otherwise
large clumps of clippings will be collected and disposed of by Contractor. In case of fungal
disease outbreaks, all clipping will be collected and properly disposed of until disease is
undetectable. No debris bags shall be left on site more than 6 hours.
E. Pruning/Trimming Shrubs, hedges, and ornamentals
i. Pruning of plants shall be performed as directed to remove dead wood harboring insects
and disease and to promote maximum health and growth. The finding of insects or disease
shall be reported immediately to the City so as to limit losses. Aesthetic pruning shall
consist of removal of dead or broken branches. Pruning shall be performed to balance
infiltration light to enhance new growth.
ii. Selective pruning shall be performed as directed to remove dead wood or moss.Trees shall
be trimmed to maintain the required Department of Transportation clearance of 14' over
the roadway. Suckers at the base of trees and branches hanging low into the median so as
to impede a lawn mower shall be removed as regular maintenance; buck horning is not
permitted unless requested by the City.
iii. Ligustrums and shrubbery shall not accumulate more than 2" of growth before being
trimmed.
iv. All plants shall be maintained to a well-shaped appearance according to each species'
natural growth habit unless requested otherwise by the owner's representative. Flowering
shrubs shall be pruned in the proper season to allow full flowering potential for the
following flower season. Grouped plantings shall be allowed to form masses appropriate
to the species.
V. Small leafed shrubs,such as Pittosporum,Azaleas and Indian hawthorn,etc.,are to be kept
trimmed in a tight,neat appearance,with removal of partial new growth after no more than
four inches of new growth appears.
vi. Larger leafed shrubs, such as viburnum, may attain new growth reaching from 2" to 4"
before removal. At no times are shrubs to display a disorderly appearance.
vii. Ornamentals, such as crinum lilies, are to be trimmed aggressively during the rainy season
to be kept neat and fungus free. This may be as frequent as every other week.
viii. Sago palms are to be trimmed a minimum of three times a year,or more often, as directed,
depending on growth and health.Azaleas are to be trimmed at regular intervals as described
above with the exception of the months of October thru March when no trimming should
be done to achieve maximum flowering.
ix. Wax myrtles are to be trimmed aggressively in order to maintain a neat, compact habitat.
X. At no time is an herbicide to be used to rid plants of sucker growth. Instead, hand pulling
or aggressive trimming routine is to be established.
xi. All ornamentals that produce any dead fronds (i.e., coontie, sage, aztec grass, holly fem,
etc.) are to be systematically checked and cleaned with special attention to early spring
cleanup.
City of Winter Springs Landscape Maintenance Services Contract 9 of 18
xii. Dead plant material shall be removed by the Contractor immediately during the normal
service visit and a report filed with the City detailing the location of removal and species
removed.
F. Weedeater Trimming
i. Areas inaccessible to mowing equipment shall be kept neat and trimmed as directed.
Trimming of grass and weeds around any fixed objects (walls, light posts, light fixtures,
equipment boxes, pond structures, sign posts and trees) will be done through chemical
control within a limit of six inches(6") maximum or trimmer so as not to inflict damage of
any kind to structure, equipment or tree.
G. Mulching- This should not be included in base maintenance price; costs for these services are
established on the proposal form for each service area.
i. Mulching is to be performed between November 1 and December 25 each year to keep
planted areas neat and freshly maintained. Mulch depth to be a minimum total depth of
three (3) inches and placed, not dumped, as well as kept from around the immediate base
of shrubs. Mulch type to be chosen by the City.
ii. Beds should be cleared of leaves and other debris prior to adding new mulch. The intent of
doing this will be to prevent unnecessary height growth of the beds.
H. Edging
i. Edging of all walks, curbs, edging of pavements, and grass invasion shall be done weekly
during the heavy growing season and bi-weekly for the remainder of the year.
ii. All grass and dirt to be blown off onto grass areas only.No debris shall be blown onto hard
surfaces or into shrub or flower beds.
iii. Schedule for edging of soft surfaces such as turf, bed borders, and ground cover shall be
performed bi-weekly or more as directed.
I. Weeding
i. Weeding of all plant bed areas is to be as often as necessary to conform to the shrub
trimming schedule,to control weed population and maintain healthy plants.
ii. Remove weeds, vines and "voluntary" seedlings from planting beds. Weed control in
landscaped areas will be accomplished by hand weeding and/or application of round-up
and a pre-emergent herbicide if needed.
iii. All weeds in sidewalks or pavement areas (including curbing) shall be chemically
controlled or removed by hand.
iv. The sod-free rings around trees are to be kept in weed-free condition, and shall be
maintained at a diameter determined by the City.
V. All mulch areas or plant beds shall be continuously maintained free of weeds or grasses.
vi. All turf areas shall be maintained in a weed free condition. Any area that becomes infested
with weeds or other undesirable grasses must be treated and or replaced at the cost of the
Contractor.
J. Pruning/Tree Trimming(less than 13')
i. All trees are to be trimmed as often as necessary to meet public safety requirements and
comply with ISA and ANSI Industry Standards for tree care.Trimming of established trees
shall be to a minimum of eight(8)foot and a maximum of thirteen(13)foot under canopy
and pruned just outside the branch collar by the Service Provider.
City of Winter Springs Landscape Maintenance Services Contract 10 of 18
ii. Any trees greater than 13' should not be included in base maintenance price;costs for these
services are established on the proposal form for each service area.
iii. New or young trees are to be pruned with an ideal under canopy of six (6) feet or to a
suitable and healthy height for each tree.
iv. Approved traffic (M.U.T.C.D.) warning devices shall be used when necessary to provide
safety to persons and vehicular traffic within any areas undergoing pruning. Work will be
scheduled after consulting with the City.
V. Dead palm fronds shall be removed as they occur from all palms. Seeds pods shall be
removed on an as directed basis from all palms. Trimming of palm fronds shall be
conducted with a hand saw.Only dead fronds shall be removed.Palms shall not be trimmed
above 9 o'clock and 3 o'clock.
vi. Remove Spanish Moss
i. Remove all low hanging Spanish Moss in ornamental trees and shrubs.
ii. Spanish Moss that is 8' or lower on any tree or ornamental shall be removed when
other scheduled tasks are completed at the same frequency.
K. Annuals and/or Plant Replacements-This should not be included in base maintenance price; costs
for these services are established on the proposal form for each service area.
i. The Contractor shall be responsible for replacing any plant materials that die or become
damaged to the point that the plant grade is less than Florida Number 1 as a result of neglect
or damage caused by the maintenance operation.
ii. Replacement material shall be identical to plant species, quality and specifications of the
materials at the time the loss occurs.
L. Insect and Disease Control This should not be included in base maintenance price; costs for these
services are established on the proposal form for each service area.
i. The Contractor shall establish, in conjunction with the City, a preventive program to insure
proper care of turf and ornamentals.
ii. The Contractor warrants turf against infestation and disease and will replace same if
deemed to be below accepted industry standards (IFAS) by the City.
iii. Application times for herbicide and pesticide applications shall be completed by licensed,
trained individuals.
iv. Plants will be treated chemically as required to effectively control insect infestation and
disease as environmental, horticultural and weather conditions permit. The Contractor is
responsible for any damaged areas due to disease or insect infestation.
M. Chemical Maintenance-Fertilizer and Herbicide This should not be included in base maintenance
price; costs for these services are established on the proposal form for each service area.
i. Fertilization and insecticide treatments shall be provided as directed to maintain the health
and appearance of all turf and plant material.
ii. Soil amendments,fertilizer,nutrients,pesticides,fungicides, pre-emergent, post emergent,
and any other chemicals deemed proper, beneficial or required to maintain the turf and
plant material by the Contractor shall be included in the chemical program monthly
maintenance fee.
iii. Monthly reports may be requested by the City. The reports should outline all treatment
provided for the month and any deficits observed.
City of Winter Springs Landscape Maintenance Services Contract 11 of 18
iv. Timely and prompt treatment is to be performed on all areas detected with problems and
areas at risk. A 7-10-day follow-up appointment is to be set with the City to ensure
eradication of disease or pest problems. Subsequent visits, if necessary, are to be scheduled
until the problems no longer exist.
N. Irrigation Inspection and Repair-This should not be included in base maintenance price; costs for
these services are established on the proposal form for each service area.
i. Complete irrigation inspections shall be performed one (1)time per month at minimum.
ii. Details of the inspection shall be recorded on a log sheet(to be submitted with the monthly
billing) and consist of the following:
i. Turning on each zone and inspecting each head for the proper coverage, including
straightening,adjusting the output of water,adjusting spray pattern and unclogging
any heads.
ii. Repairing broken heads and lateral lines, as necessary.
iii. Checking the irrigation controller(s) for proper operation and programming. If
there are battery controllers on the site, check each for battery life and replace at
75% depletion.
iv. Checking all zone valves for proper open and closure, making sure to inspect for
leaking from the mainline.
v. Checking water source for leaking and visual inspection of backflow device, if
present.
vi. Visually inspect turf,planters and trees in irrigated areas for signs of drought stress
and effect adjustments and/or repairs to remedy the issue.
vii. The Contractor shall submit a detailed report,at the time of billing of each monthly
service,consisting of the clock and location,each zone by number,and any repairs
or work performed during that service. All parts used will be itemized on the bill
with a maximum of$ 50.00 billed for repairs without VERBAL approval during
the regular monthly scheduled maintenance visit.
viii. If there is an additional cost for repairs beyond the maximum of$50.00, the City
must be given a verbal report of the repair and costs involved before the work is to
be performed. No payment will be made for heads or parts damaged by the
Contractor.
ix. Contractor is to immediately prepare an estimate to repair or replace damaged parts
on the property within the areas specified in this agreement to meet original
specifications with commercial quality irrigation parts. All work performed by
Contractor to meet industry standards.All damaged irrigation heads shall be turned
in each month along with the monthly billing in order to qualify for payment.
x. Labor cost for these services is established on the proposal form for each project.
Material costs shall be paid on the basis of approved wholesale documented cost
plus 15%for overhead and profit.
xi. Contractor is to immediately notify the City if a mainline leak is noticed. Should
the Contractor need to shut down the mainline for any reason, the City must be
contacted at: (407) 327-5962.
City of Winter Springs Landscape Maintenance Services Contract 12 of 18
iii. Other Scope as specifically directed by City- This should not be included in base
maintenance price; costs for these services are established on the proposal form for each
service area.
i. Service Provider is to prepare proposal for additional work as it is requested by the
City prior to commencing with additional work. Prior written approval is required
for all additional scope not listed on this document.
2. Expectations
The work to be performed under this Contract consists of landscape maintenance services for the
City of Winter Springs Municipal Facilities. Perform all work in accordance with the Contract
Documents. Furnish all materials, equipment, tools, and labor which are reasonably and properly
inferable and necessary for the proper completion of the work,whether specifically indicated in the
Contract Documents or not. Cost for all services listed shall be considered part of the monthly
maintenance and shall be included in the cost for monthly maintenance at each site.
A. The Contractors shall be obligated at its expense, immediately or promptly to repair to the
City's Representative's satisfaction, any damage to exterior plantings,or irrigation systems
or any other property within the areas specified in this agreement. In the event the
contractor has not repaired any such damage within reasonable time, as determined by the
City's Representative,the City may repair such damage and deduct such cost from the next
payment due to the Contractor.The Contractor shall be liable to the City for any such cost
in excess of the amount deducted by the City.
B. The Contractor shall be obligated to immediately notify the City Representative verbally
and follow in writing within twenty-four (24) hours after the event of any damage which
the Contractor discovers, or should have discovered in the exercise of reasonable care,
whether or not such damage was caused by the Contractor.
C. Prior to the commencement of work on this contract, an authorized representative of the
Contractor and the Designated Representative of the City may perform a video condition
survey of all exterior plantings at each of the designated areas of the City covered by this
Agreement. The Contractor and the City shall jointly prepare and sign a written report
D. the condition survey which shall describe the condition and location of all unhealthy plants
3. Scope of Service
a. Service Area 41 —Cross Seminole Trail and Bridges
i. Locations and property description
1. S.R. 434 Bridge
i. S.R. 434 Cross Seminole Trail Overpass, located just east of
Tuskawilla Road.No work is performed on the actual bridge
itself. Beds under and around bridge are included in this section.
Service areas have irrigation with timer being located on the
South West side of S.R. 434 by the power boxes.
2. Cross Seminole Trail
i. Just south(approximately 30') of the south entrance onto the
S.R. 434 Cross Seminole Trail Overpass Bridge, heading North
and West along the trail to the Layer Elementary School
entrance road (current end of the trail). Maintain each side of
trail to project boundaries which is usually 2 to 8 passes with a
City of Winter Springs Landscape Maintenance Services Contract 13 of 18
50"mower deck, but this varies in many areas and steps must
be taken to groom all affected areas. Includes small medians at
each Trail Head entrance.
3. Cross Seminole Trail (Creek) Bridge
i. Located between the Seminole County Bus Yard(Consolidated
Services Compound) and Layer Elementary School. Keep vines
from growing overhand railings and onto the bridge. Trim
any/all overhanging tree limbs and foliage.
4. Required Services
i. For the Cross Seminole Trail (location b)
i. The below services are required weekly through the
growing season(3/15-10/15) and bi-weekly through the
dormant season(10/16-3/14)
ii. Mow, Blow,Trim Hedges, Weedeater, Mulch(Semi-
Annually), Edge, Weeding Beds, Prune Trees, Remove
Spanish Moss,Trash Removal,Fertilization(As
directed),Annual Flower Rotation (As Requested),
Insect and Disease Control (As required), Irrigation
Inspection, and Irrigation Repair(monthly/as required)
and other services as requested.
5. All other locations in this service area(locations a and c)
i. The below services are required weekly through the
growing season(3/15-10/15) and bi-weekly through the
dormant season(10/16-3/14)
ii. Mow, Edge, Trim Hedges, Weedeater, Edge, Trim
Trees, Remove Spanish Moss, Trash Removal, and
other services as requested.
b. Service Area#2—Tuskawilla Road,Tuskawilla Lighting and Beautification District and
Oak Forest Assessment District
i. Locations and property description
1. Tuskawilla Rd. Rights of Way(R.O.W.)
i. East-Tuskawilla Rd. from S.R. 434 south to Lord of Life
Church, from south wall at Trotwood Blvd. to and including
power easement as well as the right of way in front of the Arbor
Glen subdivision. West-Tuskawilla Rd. south to Tuskawilla
Trail (Including Berm just south of the Church of the New
Covenant).
2. Tuskawilla Rd. Medians
i. Medians on Tuskawilla Rd. from S.R. 434 south to end of
median cut at the Church of the New Covenant(800 Tuskawilla
Rd.)Irrigation on the center medians is operated by multiple
TBOS battery controllers.
3. Tuskawilla Lighting and Beautification District(TLBD)
i. Just south (approximately 30') of the south entrance onto the
S.R. 434 Cross Seminole Trail Overpass Bridge, heading North
and West along the trail to the Layer Elementary School
entrance road (current end of the trail). Maintain each side of
City of Winter Springs Landscape Maintenance Services Contract 14 of 18
trail to project boundaries which is usually 2 to 8 passes with a
50" mower deck, but this varies in many areas and steps must
be taken to groom all affected areas. Includes small medians at
each Trail Head entrance.
4. Oak Forest Entrances
i. Forest Creek Dr.—50' north and south of the sign wall on the
west side of Tuskawilla Rd. and north and south sides of Forest
Creek Dr. to Benchwood Ct. and Benchwood Dr.
ii. Trotwood Blvd. —50' north and south of the sign wall on the
west side of Tuskawilla Rd. and north and south sides of
Trotwood Blvd. to N. Endeavor Dr. and S. Endeavor Dr.
including center median.
iii. Winter Springs Blvd. —50' north and south of the sign wall on
the west side of Winter Springs Blvd. (south side to end of sign
wall at 1067 Winter Springs Blvd., north side to 1054 Winter
Springs Blvd. including inaccessible area at perimeter of pond)
and(2)center medians. hrrigation on the center medians is
operated by multiple TBOS battery controllers.
iv. Oak Forest Dr. —50' north and south of the sign wall on the
west side of Tuskawilla Rd. and north and south sides of Oak
Forest Dr. to Cherokee Ct. and Cherokee Dr.
5. Oak Forest Wall
i. The entire length of the Oak Forest wall alongside Tuskawilla
Rd., directly along the wall where plants, shrubs, and vines are
planted. Wall boundaries are from the Tuskawilla Office Park to
New Covenant Church, not including the section of wall owned
and maintained by Grande Reserve. Backside of wall not
included. (Irrigation—spray heads are along entire length of the
wall and bubbler heads on Oak Trees located between
Trotwood and Tuskawilla Office Park, all included. Timers are
located at entrances to Oak Forest at Winter Springs Blvd. and
Trotwood Blvd. entrances. All four(4) entrances have irrigation
on these timers.)
6. Required Services
i. For the Tuskawilla Rd. ROWs (location a)
i. The below services are required weekly through the
growing season (4/01-12/01) and bi-weekly through the
dormant season(12/02-3/31)
ii. Mow, Weedeater Trimming, Edge Grass, Trim Trees,
Remove Spanish Moss, Trash Removal and other
services as requested.
ii. All other locations in this service area
i. The below services are required weekly through the
growing season (4/01-12/0 1) and bi-weekly through the
dormant season (12/02-3/31)
ii. Mow, Blow, Trim Hedges, Weedeater Trimming,
Mulch (Semi-Annually), Edge Grass, Weeding Beds,
City of Winter Springs Landscape Maintenance Services Contract 15 of 18
Trim Trees, Remove Spanish Moss, Trash Removal,
Fertilization (As Required/Annually), Insect and
Disease Control (As Required), Irrigation Inspection
and Repair(Monthly/As Required)and other services
as requested.
c. Service Area#3 —Blumberg Boulevard,North Tuskawilla Road(North of SR 434, and
Market Square
i. Locations and property description
1. Blumberg Blvd. (Center Median Gardens and Monuments)
i. Just south (approximately 30') of the south entrance onto the
S.R. 434 Cross Seminole Trail Overpass Bridge, heading North
and West along the trail to the Layer Elementary School
entrance road(current end of the trail). Maintain each side of
trail to project boundaries which is usually 2 to 8 passes with a
50"mower deck, but this varies in many areas and steps must
be taken to groom all affected areas. Includes small medians at
each Trail Head entrance.
2. N. Tuskawilla Rd. (S.R. 434 to 100' North of Blumberg Blvd.)
i. S.R. 434 Cross Seminole Trail Overpass, located just east of
Tuskawilla Road.No work is performed on the actual bridge
itself. Beds under and around bridge are included in this section.
Service areas have irrigation with timer being located on the
South West side of S.R. 434 by the power boxes.
3. Market Square
i. Located at the Northwest corner of S.R. 434 and N. Tuskawilla
Rd., Market Square consists of the property in and around the
fountain and hardscape areas immediately adjacent to the face
of the building/business entrances in the Winter Springs Town
Center.
4. Required Services
i. All locations in the service area
i. Mow, Blow,Trim Hedges, Weedeater, Mulch (Semi-
Annually), Edge, Weeding Beds, Prune Trees, Remove
Spanish Moss,Trash Removal, Fertilization(As
directed), Annual Flower Rotation (As Requested),
Insect and Disease Control (As Required), Irrigation
Inspection and Repair(Monthly/As Required) and other
additional services as requested
City of Winter Springs Landscape Maintenance Services Contract 16 of 18
Exhibit B:
RFP 06-22 K1VI Landscape Maintenance Services—Proposal Form—Proposed Cost
Proposal Form
Landscaping Maintenance Services
RFP#:06-22 KM
Respondent Name(Company): Nelson Outdoors LLC
Name and Title of Person Completing Form: Jessica Nelson- Vice President
PROPOSED COST
Item Service Service Service
Area I Area 2 Area 3
Base Maintenance $ 36,000.00 $ 10,100.00 $ 41,700.00
Palm Trimming Greater than IY OA(per tree) $ 45.00 $ 45.00 $ 45.00
Crepe Trinuning Greater than 13'OA(per tree) $ 100.00 $ 100.00 $ 100.00
Irrigation Inspections $ 325.00 $ 1,200.00 $ 325.00
Mulch-Supplied and Installed(per cubic yard) $ 52.00 $ 52.00 $ 52.00
Fertilizer(per application) $ 695.00 $ 1,300.00 $ 695.00
Integrated Pest Management(per application) $695,00% $1,200.00°�o $695.00 %
14,46.91 /
PROPOSAL TOTAL $39,049.36 $MONTH $44,920.36
PLANT TREE AND GROUND COVER INSTALLATION
Not to be included as part of proposal review criteria. Price to include all components of
installation including staking,watering in,and one-year warranty.
Annuals(Cost plus%) Service Area I Service Area 2 Service Area 3
$2.25 $2,25 $2.25
Ground cover(Cost plus'%) $6.00 (Y0 $6.00 "/o $6.00 %
Shrubs(Cost plus%) $14.00 OX) $14.00 % $14.00
Palms(Cost plus%) 100 % too % 100 %
Canopy trees(Cost plus%) 100 % 100 `Y0 100 %
Understory trees(Cost plus%) 100 'Y0 100 % 100%
Sod(Cost plus%) 25 % 28 % 25 %
City of Winter Springs Landscape Maintenance Services Contract 17 of 18
Proposal Form
Landscaping Maintenance Services
RFP#: 06-22 KM
TREE REMOVAL AND STUMP GRINDING
Not to be included as part of the proposal review criteria. Price to include back fill/sod if
needed.
Service Area 1 Service Area 2 Service Area 3
Tree removal 6" $ 600.00 $ 600.00 $ 600.00
Tree removal 12" $ 1,000.00 $ 1,000.00 $ 1,000.00
Tree removal 18" $ 1,400.00 $ 1,400.00 $ 1,400.00
Tree removal 24" $ 2,000.00 $ 2,000.00 $ 2,000.00
Tree removal 36" $ 2,500.00 $ 2,500.00 $ 2,500.00
IRRIGATION REPAIR
Not to be included as part of proposal review criteria unless otherwise noted.
Service Area 1 Service Area 2 Service Area 3
Wholesale price of materials plus 20 % 20 % 20 %
proposed percentage
Irrigation Technician Hourly $ 55.00 $ 55.00 $ 55.00
Rate
Signature f erson cornLetingrm:
City of Winter Springs Landscape Maintenance Services Contract 18 of 18